Gastgeberverzeichnis 2013 mit Hotels, Pensionen - Görlitz

GENERAL TERMS OF BUSINESS FOR ACCOM-
MODATION SERVICES AND THE ARRANGE-
MENT OF SUCH SERVICES
I. Legal relationships; contractual obligations and
liability of Europastadt GörlitzZgorzelec GmbH
1. The firm of Europastadt GörlitzZgorzelec GmbH,
referred to below as "EGZ", arranges services in
connection with accommodation in Görlitz with
providers of such accommodation (hotels, guest
houses, bed-and-breakfast accommodation, private
rooms, holiday accommodation) – referred
to collectively below as the "hotel". In the conclusion
of contracts for accommodation services,
EGZ represents the hotel in transactions with
the guest. The contract of accommodation itself is
concluded between the guest and the hotel. The
following provisions regulate both the activities
of EGZ as an intermediary as well as the conclusion
and the contents of the contract of accommodation
between the guest and the hotel.
2. As an intermediary and representative EGZ has
no legal responsibility for the services provided by
the hotel or for the correctness of the statements
and information which are issued by the hotel.
3. EGZ accepts liability towards the guest only in
the event of intentional or grossly negligent dereliction
of its duties by EGZ or its authorised representatives
or those acting on its behalf in the
course of its activities as an intermediary. This
limitation of liability does not apply in the event
of loss of life, personal injury or impairment of
the health of the guest or any of those persons
listed in Section II. 2.. It also does not apply in
the event of any breach of significant contractual
obligations on the part of EGZ, the fulfilment of
which is essential to the achievement of the purpose
of the contract (cardinal obligations).
II. Bookings; conclusion of contracts
1. Guests who book with EGZ make a binding offer
for the conclusion of an intermediary contract
with EGZ and a contract of accommodation with
the hotel.
2. Such a booking can be made in writing, verbally,
by telephone or electronically. If the guest expressly
and separately enters into such an obligation,
the booking will also be binding on any other
persons who are covered by it.
3. Intermediary and accommodation contracts are
created when the booking is confirmed by EGZ.
Such confirmation does not require any specific
form to in order to become valid. As a rule, however,
EGZ will provide confirmation of bookings in
text form (in writing, by fax or by email). In the
event of any divergence between the booking and
the confirmation, the intermediary and accommodation
contracts come into effect on the basis of
the confirmation of booking if, within five days after
it is received by the guest, it is confirmed by
the guest either expressly or implicitly (for example
by making a payment in full or as a deposit).
The same applies if EGZ has, at the request of the
guest, previously submitted a special offer to the
guest.
III. Terms of the contract of accommodation between
the guest and the hotel
The terms of this Section III. apply to the letting
of rooms by the hotel as well as further services
and supplies provided to the guest by the hotel.
ing.
2. Services, prices, payment, set off
a) The hotel has the duty to make available the
room(s) booked by the guest and to provide the
agreed services.
b) The guest has the duty to pay the hotel the
price which has been agreed for the provision of
the room(s) and any further services to be provided
by the hotel. This also applies to any services
and outlay by the hotel to third parties at the request
of the guest.
c) The agreed prices which are shown in the confirmation
of booking by EGZ include the applicable
rate of VAT. If the period between the conclusion
and the fulfilment of the contract is longer than
four months and if the price charged by the hotel
in general is increased, the contractually agreed
price can be raised by the hotel by a reasonable
amount, up to a maximum of 5 %.
d) Prices can also be changed by the hotel if
the guest subsequently requires changes to the
number of rooms which are booked, to the services
to be provided by the hotel, or in the length
of the accommodation, and if the hotel agrees to
such changes.
e) Payments due by the guest to the hotel are
made to the hotel direct (not to EGZ). Invoic es issued
by the hotel without any due date are pay able
without deduction within 10 days after receipt of
invoice. The hotel has the right to acceler ate any
accumulated outstanding accounts at any time
and require payment without delay. Where the
guest is in arrears with payment the hotel has the
right to charge interest at a rate of 8 percentage
points or – if the guest is a private consumer – a
rate of 5 percentage points above the basic rate
of interest in accordance with § 247 BGB (German
Civil Code).
f) When the contract is concluded or at a later
stage, the hotel has the right, in accordance with
legal regulations covering package tours, to require
a reasonable payment in advance or a form
1. General
a) The sub-letting of the rooms by the guest or
their use for any purpose other than accommodation
require the prior written agreement of the
hotel.
b) The terms of business of the guest will not apply,
unless this has been expressly agreed in writof
security. The amount of the advance payment
and the due date of payment can be agreed in
writing in the contract.
g) Against claims asserted by the hotel the guest
can only set off undisputed or legally confirmed
claims.
3. Withdrawal by guest from the contract (cancellation,
failure to make use of services)
a) Withdrawal by the guest from a contract concluded
with the hotel requires the written agreement
of the hotel. If this is not given, the price
which was agreed in the contract is to be paid even
if the guest does not make use of the contractually
agreed services. This does not apply if the hotel infringes
its duty to take account of the rights, rightful
property and interests of the guest and if the
guest as a result cannot be reasonably expected to
honour the contract.
b) If a date has been agreed in writing between the
hotel and the guest by which withdrawal from the
contract is possible, the guest can withdraw from
the contract up to this date without this giving rise
to any claim on the part of the hotel for payment or
damages. The guest's right of withdrawal becomes
null and void if he does not make use of the right
in writing by the agreed date, unless there is a case
as described in Section a), Sentence 3 above.
c) In the case of any rooms which are not made use
of by the guest, the hotel must deduct the amount
received from letting the rooms to other guests,
together with any costs saved.
d) The hotel can at its discretion demand the contractually
agreed amount and make a flat-rate deduction
for any cost saved. In this event the guest
has the obligation to pay at least 90 % of the
agreed price for an overnight stay without breakfast,
80 % for an overnight stay with breakfast and
60 % for full-board terms. The guest can at his discretion
provide proof that the hotel has not sustained
any loss or that the loss is lower than the
flat rate which is demanded.
Kostenfreie Buchung und Görlitz-Information + 49 (0) 3581 / 47 57-0 willkommen@europastadt-goerlitz.de www.goerlitz.de